Case Details

Citation(s)
2000 SLG 346 2000 SLD 346 = 2000 PLD 14
Peshawar High Court
Writ Petitions Nos. 1787, 1802, 1809 and 1810 of 1998,decided on 13th July, 1999. dates of hearing: 24th and 25thMarch, 1999
MIAN MUHAMMAD AJMAL AND SARDAR MUHAMMAD RAZA KHAN, JJ
Dr. Abdul Basit Khan assisted by Samiullah Jan and Muhammad Jamil Khan for Petitioners. M. Sardar Khan, A.G. for
Respondents

Haji ZAR ALI KHAN, PROPRIETORvsGOVERNMENT OF N.W.F.P. and 3 others

Law: North West Frontier Province Bus Stands and Traffic Control (Peshawar) Ordinance (VII of 1978)

Section: 3,10

Law: Constitution of Pakistan, 1973

Section: 118,199,119

Law: West Pakistan Motor Vehicles Rules, 1969

Section: 253

(a) North-West Frontier Province Bus Stands and Traffic Control (Peshawar) Ordinance (VII of 1978)-------Ss. 3 & 10---West Pakistan Motor Vehicles Rules, 1969, R.253---Constitution of Pakistan (1973), Arts. 118 & 199---Constitutional petition--�Freedom of trade business or profession---Shifting of bus stand---Order shifting of bus stands (Addas) to another specified place, passed by Authorities on account of tremendous rush and traffic problems---Shifting of bus stand, if bona fide and to control the traffic, was not violative of -8.253 of West Pakistan Motor Vehicles Rules, 1969---Contention was that such shifting would tantamount to denying a right of business and profession guaranteed under Art.18 - of the Constitution of Pakistan (1973)---Validity---Article 18 of the Constitution was not attracted since by shifting bus stands, no financial loss was likely to accrue to the petitioners.(b) North-West Frontier Province Bus Stands and Traffic Control (Peshawar) Ordinance (VII of 1978)-------Ss. 3 & 10---West Pakistan Motor Vehicles Rules, 1969, R.253--�Constitution of Pakistan (1973), Arts.18 & 199---Constitutional petition --�Shifting of bus stands---Exemption---Petitioner had claimed that his bus stand could not be shifted to another specified place as bus stand used by him was his personal property and he could not have been deprived of use thereof--�Validity---Provisions of S.3, North-West Frontier Province Bus Stand and Traffic Control (Peshawar) Ordinance, 1978 had provided that no bus stand could be established or maintained within certain specified limits without permission of the Authority---When said establishment or maintenance was subject to control exercised by the Authority, it would become altogether meaningless whether bus stand was established on one's personal property or on the rented property---Personal property with reference to establishment of bus stand had no significance and could not be established beyond provisions of S.3, North-West Frontier Province Bus Stand and Traffic Control (Peshawar) Ordinance, 1978.Nazir Ahmed v. Town Committee Sahiwal PLD 1976 Lah. 1438; Niaz Muhammad v. Provincial Transport Authority…
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